The Court of Appeal sitting in Ilorin has dismissed the criminal defamation and cyberbullying case filed by the Kwara State Government against former Senate President Bukola Saraki, ruling that the prosecution failed to establish the commission of any criminal offence.
In its judgment delivered on Tuesday, the appellate court held that Saraki’s comments questioning Governor AbdulRahman AbdulRazaq’s educational qualifications and judgment were not capable of inciting violence or triggering a breakdown of law and order in the state.
The judgment was read by Justice Ridwan Abdullahi on behalf of other members of the panel, Justices Gabriel Omoniyi Kolawole and Abdu Dogo.
The court faulted the prosecution’s evidence, noting that the witnesses had not demonstrated that Saraki’s comments caused violence or disturbed public peace. Rather, their statements indicated dissatisfaction with the former Senate president’s remarks.
“There was nothing in the statement by Dr Saraki being complained of by Mr AbdulRahman AbdulRazaq, Governor of Kwara State, that was capable of inciting violence in any part of Kwara State or moving anybody to resort to the breakdown of law and order,” the court held.
The appellate court further stated that the Administration of Criminal Justice Act, the Kwara State Penal Code Law and relevant cybercrime and cyberbullying provisions were not designed to protect individuals from statements they found offensive or uncomfortable.
It stressed that criminal laws should not be used to prosecute people simply because their comments displeased those being criticised.
The court also examined the powers of attorneys-general to initiate criminal proceedings, warning that such authority must be exercised within the limits of the law and must not be used to oppress individuals or undermine their fundamental human rights.
Consequently, the court ruled that the case instituted against Saraki at the Kwara State High Court could not stand, as the charge failed to disclose an offence or establish the statutory requirements necessary to sustain the allegations.
The case stemmed from a statement Saraki published on social media and in a newspaper on April 17, 2026. In the publication, he alleged that AbdulRazaq had not completed secondary school and suggested that the governor’s educational background was affecting his judgment.
The Kwara State Government subsequently accused Saraki of criminal defamation and cyberbullying, arguing that the publication could threaten public peace.
Saraki challenged the proceedings, maintaining that his comments were part of his right to freedom of expression and addressed matters of public interest.
Reacting to the ruling, the former Senate president said the decision reinforced his belief that political power should not be used to suppress dissent.
“Nobody, no matter how powerful, can successfully muffle the voice of dissent, particularly when those in government fail in their responsibility to the people,” he said.
Saraki expressed appreciation to the judiciary, stating that he was grateful for the courts’ role in upholding justice and defending the truth.
He added that the ruling would not stop him from commenting on issues affecting the public, including questions surrounding the governor’s educational qualifications.
The decision relates specifically to the criminal defamation and cyberbullying case arising from Saraki’s comments about AbdulRazaq’s educational background.
It is separate from another 20-count case instituted by the state government against Saraki, former Governor Abdulfatah Ahmed and two former aides over allegations connected to the 2018 Offa robbery.
Saraki and the Peoples Democratic Party have described the separate prosecution as politically motivated, while the Kwara State Government and the All Progressives Congress have defended it as a lawful case arising from allegations linked to the robbery.
